Terms and Conditions

Westerhill Homes Terms and Conditions for using the Website

This page (together with the documents referred to on it) tells you the terms of use on which you may use the Westerhill Homes website www.westerhillhomes.co.uk (the "Site" ), whether as a guest or a registered user.

Please read these terms of use ("Terms") carefully before using the Site. By using the Site, you accept these Terms and the Privacy Policy, and agree to abide by them. If you do not agree to these Terms, you must not use the Site.

Information About Us

The site is a website operated by Westerhill Homes Limited ("Westerhill"). Westerhill Homes Limited (Company No: 9108560) is a 100% subsidiary of Chartway Group Ltd. Country of Incorporation: England and Wales. Westerhill Homes trading address is Orchard House, Westerhill Road, Coxheath, Maidstone, Kent ME17 4DH. Chartway Group's VAT number is 975715674. Westerhill Homes can be contacted at [email protected] or by calling 01622 740 170. For the purpose of the Terms, the Privacy Policy and the Site, Westerhill Homes means Westerhill Homes Limited.

Accessing the Site

General Access Level: you do not need to register to use this area of the Site and can access general information about Westerhill Homes.

Nothing on this Site will constitute a contract of sale between you and Westerhill Homes. If you are interested in making a reservation on a property or to find out more, please contact a Westerhill Homes or a Westerhill Homes representative (an Estate Agent defined by Westerhill Homes to market a Westerhill Homes development).

User Obligations and Conduct

You warrant that in using the Site you shall:-

(a) use the Site only for lawful purposes, and in a manner which does not infringe the rights of, or restrict or inhibit the use of the Site by any third party;

(b) not engage in any conduct which is unlawful, or which may harass or cause distress or inconvenience to any person;

(c) not upload, post, transmit or distribute any material or information where you do not own or have the right to use the intellectual property rights, or any material which is unlawful or which is potentially harmful, threatening, abusive, libellous , defamatory, pornographic or otherwise obscene, racially or ethnically or otherwise objectionable or damaging to the reputation of Westerhill Homes;

(d) not to access, interfere with, damage or disrupt any part of the Site, any equipment, systems or network used to operate the Site, or attempt to access the secure area other than by using your username and password;

(e) transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware , adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer or hardware;

(f) use current virus checking software when using the Site; and

(g) not reproduce, duplicate, copy or re-sell any part of the Site.

Westerhill Homes shall have the right to disable your access of the Site at Westerhill Homes sole discretion if Westerhill Homes reasonably believes you are in breach of these Terms and in particular any of the requirements set out above relating to User Obligations and Conduct.

By breaching provisions (d) and (e) above, you may commit a criminal offence under the Computer Misuse Act 1990. Westerhill Homes will report any such breach to the relevant law enforcement authorities and Westerhill Homes will co-operate with those authorities and disclose your identity, if known by Westerhill Homes.

Trade Marks

The names and logos identifying the Site and Westerhill Homes and its products and services are either (a) proprietary marks of Chartway Group or (b) marks which Chartway Group is licensed to use. Nothing in these Terms allows you any licence of any mark or of any other intellectual property right of Chartway Group or any third party (subject to the provisions below relating to copyright).

Copyright

The copyright in the content of all the pages on the Site is owned by Westerhill Homes Limited its subsidiaries and licensors (except where otherwise stated). Reproduction of part or all of the contents in any form is prohibited other than in accordance with the following permissions.

Westerhill Homes authorises you to carry out the following actions, provided that you comply with the User Obligations and Conduct (as stated above):-

(a) view and display the content of the Site; and

(b) print or download to a local or network hard drive extracts from or whole pages for your personal use provided you do not delete the copyright notice "┬® Westerhill Homes Limited 2014" from all such printouts and downloads.

You must not modify the paper or digital copies of any materials that you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

You are not permitted to incorporate any materials, or any part of the materials, from the Site to any other work or publication, whether in hard copy or electronic or any other form.

No part of the Site may be distributed or copied for any commercial purpose.

Westerhill Homes operate a policy of continual product development and all specifications outlined on this Site are indicative only.

Any alterations to the specifications will be of equal or greater value and Westerhill Homes reserves the right to implement changes without warning.

Details on this Site are prepared with all due care for the convenience of intending purchasers. The information is intended as a preliminary guide only and should not be relied up as describing any of the Specified Matters referred to in Regulations made under the above Act.

This Site contains photographic illustrations taken from various Westerhill Homes developments. They are intended as a guide, indicating the typical Westerhill Homes style of property and finish. Customers should note that any computer generated image or photograph on this Site does not necessarily represent the actual finishings /elevation or treatments, furnishings and fittings at any individual development.

Room measurements given are approximate only. Floor plans, dimensions and specifications on any particular development are correct at the time the material was uploaded to the site.

Nothing contained on this Site shall constitute or form part of any contract.

For specific and up to date details relating to any individual development, you are encouraged to speak to Westerhill Homes or their appointed agent.

Site Availability

Westerhill Homes reserves the right to withdraw or amend the service Westerhill Homes provides on the Site without notice. Westerhill Homes will not be liable if for any reason the Site is unavailable at any time or for any period. Westerhill Homes aims to update the Site regularly, and may change the content at any time. If the need arises, Westerhill Homes may suspend access to the Site, or close it indefinitely. Any of the material on the Site may be out of date at any given time, and Westerhill Homes is under no obligation to update such material.

Disclaimer

WESTERHILL HOMES WILL TAKE REASONABLE CARE IN PREPARING THE CONTENT OF THE SITE, BUT THE MATERIAL DISPLAYED ON THE SITE IS PROVIDED WITHOUT ANY GUARANTEES, CONDITIONS OR WARRANTIES AS TO ITS ACCURACY. TO THE EXTENT PERMITTED BY LAW. CHARTWAY, ITS OFFICERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES AND THIRD PARTIES CONNECTED TO WESTERHILL HOMES HEREBY EXPRESSLY EXCLUDE:

(A) ALL CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW OR THE LAW OF TORT /DELICT ; AND

(B) ANY LIABILITY FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE INCURRED BY ANY USER IN CONNECTION WITH THE SITE OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR RESULTS OF THE USE OF THE SITE, ANY WEBSITES LINKED TO IT AND ANY MATERIALS POSTED ON IT, INCLUDING WITHOUT LIMITATION, ANY LIABILITY FOR LOSS OF INCOME OR REVENUE, BUSINESS PROFITS OR CONTRACTS, ANTICIPATED SAVINGS, LOSS OF DATA OR GOODWILL, WASTED MANAGEMENT OR OFFICE TIME AND FOR ANY FURTHER LOSS OR DAMAGE OF ANY KIND, HOWSOEVER ARISING AND WHETHER CAUSED BY DELICT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORSEEABLE.

WESTERHILL HOMES CANNOT GUARANTEE THAT THE SITE AND ANY DOCUMENTS, FILES AND INFORMATION HOSTED OR DOWNLOADED FROM THE SITE WILL BE FREE FROM VIRUSES, TROJAN HORSES, WORMS, TIME BOMBS, KEYSTROKE LOGGERS, SPYWARE AND OTHER HARMFUL PROGRAMS OR COMPUTER CODE DESIGNED TO ADVERSELY AFFECT THE OPERATION OF ANY COMPUTER SOFTWARE OR HARDWARE. CHARTWAY SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, COST OR EXPENSE WHICH MAY BE SUFFERED BY ANY PERSON ARISING FROM ANY SUCH HARMFUL CODE OR COMPUTER CODE.

NOTHING IN THIS CLAUSE OR THESE TERMS AND CONDITIONS SHALL EXCLUDE OR LIMIT WESTERHILL HOMES LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM WESTERHILL HOMES NEGLIGENCE, NOR WESTERHILL HOMES LIABILITY FOR FRAUDULENT MISREPRESENTATION, NOR ANY BREACH OF THE TERMS IMPLIED BY SECTION 12 OF THE SALE OF GOODS ACT 1979, NOR SECTION 2 OF THE SUPPLY OF GOODS AND SERVICES ACT 1982, NOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

YOU ACKNOWLEDGE AND ACCEPT THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT FREE AND MAY FROM TIME TO TIME REQUIRE PERIODS OF DOWNTIME (BEING PERIODS DURING WHICH THE SITE IS NOT AVAILABLE TO THE USER) FOR THE PURPOSES OF REPAIR, MAINTENANCE AND UPGRADING.

ACCORDINGLY, WESTERHILL HOMES DOES NOT GUARANTEE UNINTERRUPTED AVAILABILITY OF THE SITE, BUT IT SHALL MAKE REASONABLE EFFORTS TO MINIMISE ANY PERIODS DURING WHICH THE SITE IS NOT AVAILABLE.

PROPERTY PRICES AND AVAILABILITY PRESCRIBED ON THE SITE ARE PROVIDED FOR GUIDANCE ONLY AND USERS SHOULD CONTACT A WESTERHILL HOMES OR APPOINTED SALES TEAM TO CONFIRM UP TO DATE INFORMATION ON PROPERTY PRICE AND AVAILABILITY. ALL PRICES LISTED EXCLUDE STAMP DUTY AND ANY OTHER APPLICABLE TAXES UNLESS OTHERWISE SPECIFIED.

Information About the User and the Users Visits to the Site

Westerhill Homes processes information about users of the Site in accordance with Westerhill Homes privacy policy. By using the Site, you consent to such processing and warrants that all data provided by you is accurate.

General

These Terms, the Privacy Policy and any other specific terms of use appearing anywhere on the Site constitute the entire agreement of the parties in relation to the use of the Site, and the Terms supersede any other agreements between the parties in this matter. If there is any conflict between these Terms and any information posted anywhere on the Site, these Terms shall prevail.

If any of these Terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms are intended to be effective, then to the extent that the term or condition is illegal, invalid or unenforceable, it shall be severed and deleted from the Terms and the remaining Terms shall survive, remain in full force and effect and continue to be binding and enforceable.

The rights of the parties under these Terms may be exercised as often as necessary. They are cumulative and not exclusive of either party's rights under the general law, and may be waived only in writing. Delay in exercising or non-exercise of any right is not a waiver of that right.

Both parties shall comply with all applicable laws in performing their obligations pursuant to these Terms.

Neither party shall be liable for any breach of these Terms to the extent that such breach arises from any act of God, war, national emergency, act of terrorism, riot, civil commotion, fire, explosion, flood, storm, epidemic, power cuts or fuel shortages.

Westerhill Homes is aware that some users may suffer from disabilities which make it difficult to access and use some parts of the Site. Within the constraints of the technology used to construct the Site, Westerhill Homes has made reasonable efforts to make the Site accessible to disabled users. Westerhill Homes would like to receive feedback from disabled users to help identify any features which such users may find difficult to use and to allow Westerhill Homesy to deliver improvements to the service received by such users. If a disabled user requires advice or would like to give feedback in relation to use of the Site, he/she should contact Westerhill Homes at [email protected].

Variations

Westerhill Homes may revise these Terms at any time by amending this page. You are expected to check this page from time to time to take notice of any changes Westerhill Homes made, as they are binding on you.

User's Concerns

If the User has any concerns about material which appears on the Site, please contact [email protected]

The information provided on the Westerhill Homes Ltd web site is intended as a preliminary guide only and should not be relied upon as describing any of the specified matters referred to.

Computer generated images are provided as a guide, photographs may not necessarily represent a property or development, or the actual finishes/elevations or treatments, dimensions, furnishings and fittings included. Site and floor plans may be subject to change.